JAY PRAKASH KHADARIA Vs. SHYAM SUNDER AGARWALLA

JUDGEMENT

(1.) The appellant, Shri Jay Prakash Khadaria, who was the 2nd respondent in the Case No.Mise. (G) 8/97 in the Family Court, Guwahati, being aggrieved by the order made by the Family Court on 4.7.97 and also the subsequent order made on 2.7.97, has presented this appeal seeking for the following prayer : "It is, therefore, prayed that your Lordships may be pleased to admit the appeal." on the grounds taken in the appeal.

(2.) We have heard the learned counsel for the appellant and the Learned counsel for the respondents in the appeal.

(3.) 'The brief facts which are necessary for disposal of this appeal are as follows: As it can be garthered from the facts referred to in the course of the order made by the Family Court, Mr. Shyam Sunder Agarwalla, who is the first respondent in the appeal approached the Family Court with an application seeking for interim custody of the minor boy, named, Ankur, said to be aged about six years, pending consideration of the main matter. This application was opposed by the respondent in the Family Court (the appellant herein.) However, after hearing the learned counsel on both the sides, the Family Court passed the following order : "... I don't find it necessary to lake the help of any amicus curiae to dispose of the petition for interim custody nf the child. (emphasis laid) The petitioner is no one else than the paternal grand father. His desire to get the company of his only grand son is considered very genuine. The opposite party instead of opposing the petition should have agreed to allow the minor in his custody to go and live with the petitioner for a brief period. In my opinion it will not cause any inconvenience or harm to the minor in his custody to go and lieu with the petitioner for a short period. The summer vacation of the boy will expire by 20th July next as I am told. Thus he allowed the application granting interim custody of the child till 18th July, 1997.